My father recently passed away on May 15. He had no will and the courts made my brother and I executors to his estate and gave us the house. There is this woman that had lived with my dad for a while as his friend and roommate. She is on no lease, she is not on the deed to the house and hasn’t worked for years. My father had two trusts and one paid his bills for him so he never had to pay anything. The trust was turned over to my brother and I since that was how my grandparents set it up. The utilities have already started to be cut off and the electric will be cut off on July the 1st. My brother left this morning to start a tour of duty in Iraq. He plans on living in the house when he returns and want to stay there when he comes in for leave the first of September. This woman does not want ot leave. How do I get her out? I’m done being nice about it!!! She was only a roomer who mooched off my dad and never had to pay for anything. It’s time for her to go!! She didn’t even check on my dad the day he died!! She left him lay there, in his bed, for 3 hours dead before she checked on him!!! She was in the house all day!!!
Allow me to add that I have no issue giving her more time if that is what she needs. My issue is that she is an alcoholic, just like my dad and has had no job for years. She is an open drug user and took money from my dad all the time. They were not in a relationship. She was only a friend. She has never paid a bill in that house and has no utility with her name on it for that house. She sits around and smokes pot and gets drunk day and night. She can not pay rent or pay to have any of the utilities turned back on! That is my issue!
KN said:
Jun 06, 09 at 1:52 amI would check the state and local laws.
It really depends on how long she was there with your father I would think. Of course if you escalate this, she is going to claim she deserves a part of that settlement. If she was there more than six years, you have a real problem on your hands. If this was Pennsylvania, all that matters is the name on the deed, nothing else. Some states are not like that. Good luck with this and sorry to hear about your dad.
goz1111 said:
Jun 06, 09 at 1:57 amMost likely the police will tell you this is a civil landlord tenant issue, as such, even without a lease or without making payments, she probably has established residency in the house,
Give a notice to intent to terminate the landlord tenant relationship, usually under state statute this will require a month notice to terminate, so we are already into June, meaning you probably need to give notice in June to be out by end of July, if she is in the house in aug after proper notice then move to evict
I would also go over with a video recorder and document the condition of the house,
You may want a lawyer to handle the eviction to ensure she is out sometime in Aug
Hokie_Pokey said:
Jun 06, 09 at 5:10 amContact the local police (or sheriff department) and request their assistance in removing a squatter from your property.
They will stay there to ensure she does leave and does not become violent. She will need to gather all her possessions and go.
Once she’s gone, change the locks.
Classy_chick said:
Jun 06, 09 at 7:41 amShe does not have a leg to stand on to be honest but you have to still be kind to her even though she seemed to neglect your Dad. Let her know that you have contacted the Authorities and that she has exactly 2 weeks to move out of the house. Go visit a lawyer and explain to them what you want done and they will draw up a legal document that you can then present to her to vacate the premises and that the locks will be changed. Advise her that you do not want to involve the Police but if you have to you will. Really the Police do not want to get involved in these types of situations and it just aggravates the situation further. Do it nicely and with kindness and understanding and it will work in your favor.
justice said:
Jun 06, 09 at 8:39 amYou can evict her start the process which is serving her notice to vacate..give her 60 days to show u tried to work with her just in case it does go court
Renae said:
Jun 06, 09 at 10:14 amWell, threaten her that you will get the law involved in the situation and if she wants to make things easy, get out now. If she doesn’t own the property or pay rent, etc., and you’re the current owner couldn’t you simply just call the police for trespassing if she doesn’t leave after you tell her to?
Golden said:
Jun 06, 09 at 10:21 amyou need to legally evict this person. this should be fairly easy and straight forward. simply write up a notice to vacate. this must be a 20 or 30 day notice, depending on the state. if she doesn’t leave, time for the sheriff to supervise her moving out.
Selina said:
Jun 06, 09 at 11:01 amJust give her a final warning. This isnt her house and now that your dad is gone, she has no business staying there. Tell her that if she doesnt leave, you’ll get the authorities involved.
And if she doesnt take you seriously, do it. Tell the authorities. It isnt her house so she is illegally staying there without the owners persmission.. she could go to jail if she doesnt leave.
Jan said:
Jun 06, 09 at 11:50 amSince she has lived there for a period of time,she has set up legal residency in the home even if she didn’t have a lease. You will have to have her evicted if she does not voluntarily leave.
Mars said:
Jun 06, 09 at 12:26 pmWait until she leaves and change the locks perhaps. If she breaks back in, call the cops.
babe said:
Jun 06, 09 at 1:01 pmall states have different laws on this situation. You need to consult a lawyer.
NiCole said:
Jun 06, 09 at 4:27 pmLegally she won’t be considered a squatter..you will have to check with your local officials but sounds like you’ll have to go through the eviction process.
wizjp said:
Jun 06, 09 at 5:19 pmYou evict her. period If she has a utility bill or driver’s license with that as her resident address, she is entitled to an eviction action as according to the laws of your state
roger said:
Jun 06, 09 at 5:49 pmIf she had no lease. than it is a month to month deal. give her a 30 day notice. if she don,t move you will have to take her to court to get her out. If she paid rent be sure to ask for any back rent and court costs when filing .
kat said:
Jun 06, 09 at 7:23 pmif there was no lease that means she was on month to month basis give her thirty day notice to vacate and call either the justice of the peace or the landlord/tenant court and ask if you need to go through the court to get her out or if thirty day notice will work. If the thirty day notice will work on the thirtieth day have the police at the house to make sure she leaves and then change the locks while the police are still there
Candy said:
Jun 06, 09 at 7:46 pmYou serve her with a form called an "unlawful detainer." You can find them online. This is a letter saying you have no right to be here and you have to leave by a deadline, usually 30 days. After that time if she hasn’t left, you can file a request for eviction with the court, and then she will be evicted. It takes time. It might be easier to make her an offer she’ll find appealing, such as a room somewhere with the first month or two paid.
Jelly_Bean said:
Jun 06, 09 at 7:48 pmGive her a written 30 day notice to vacate. You will have to do this legally and get an eviction notice since this is her place of residence so you will need to see a lawyer.
Name__Fake said:
Jun 06, 09 at 9:21 pmI’m not a lawyer but this is my opinion on the matter:
By law this person had a right to be there because your dad, the owner of the house, allowed her to come inside. She cannot be forced out because she was invited in by the owner.
But, since you are now the owner, and did not allow her entrance; you should technically be able to call the police and have her removed from the premesis.
Krystal____________ said:
Jun 06, 09 at 10:15 pmYOU NEED TO SERVE HER AN EVICTION NOTICE. REGARDLESS IF SHE IS ON THE DEED, LEASE, WHATEVER. LEGALLY YOU MUST EVICT HER.
tatethegreat74 said:
Jun 06, 09 at 11:02 pmIf you’re a gangster. You’ll get her out!